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2020 DAILYLAW 526 (CHH)

THE SBI GENERAL INSURANCE COMPANY LIMITED v. GALO @ GALLO MANDAVI

MAC/322/2020 · 2026-04-08

Shri Sanjay K Agrawal

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1 MAC No. 322 of 2020 2026:CGHC:16339 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 322 of 2020  The SBI General Insurance Company Limited Corporate And Regional Office Natraj 101-102 And 301 Junction Western Express Highway Andheri Kurla Road East Mumbai (MH) Through Its - Litigation And T.P. (West) S.B.I. General Insurance Company Limited 2nd Floor, Above SBI Main Branch, New Market, T.T. Nagar, Bhopal (MP) – 462003. ... Appellant versus 1. Galo @ Gallo Mandavi W/o Late Laxman Mandavi, Aged About 22 Years; 2. Vishnu Mandavi S/o Late Laxman Mandavi Aged About 4 Years; 3. Devika D/o Late Laxman Mandavi, Aged About 1 Years; 4. Hunga Mandavi S/o Late Podiya, Aged About 48 Years; 5. Hungi Mandavi W/o Hunga Mandavi, Aged About 41 Years; Respondents No.2 & 3 are Minor through Mother Galo @ Gallo Mandavi; All are Residing At Village - Cholnar, Sarpanchpara, Kuaakonda, Kalepal, Palnar, District Dantewada, Chhattisgarh. 6. Sanny Kumar Meshram S/o Yavraj Motiram Meshram, Aged About 32 Years, Cast Mahar, R/o Q.No. Type/II/46, Near B.I.O.P. School Kirndul, District Dantewada, Chhattisgarh. 7. Yuvram Motiram Meshram S/o Late Motiram Meshram, Aged About 63 Years, Cast Mahar, R/o Type III N.D.S./283, Present Address ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH 2 MAC No. 322 of 2020 Type/II/46, Ward No. 09 Kirndul, District South Bastar, Dantewada, Chhattisgarh. ... Respondents For Appellant :- Mr. Ghanshyam Patel, Advocate, appears on behalf of Mr. D.L. Dewangan, Advocate. For Respondents :- None SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 09.04.2026 1. Heard on I.A. No.1, application for condonation of delay in filing the instant appeal 2. On due consideration, application is allowed and the delay in filing the instant MAC is condoned. 3. Also heard on admission. 4. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant/Insurance Company challenging the impugned award dated 21.01.2019 passed by the Additional Motor Accident Claims Tribunal, Dantewada, District South Bastar Dandewada, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 15/2018, whereby learned Claims Tribunal has allowed the claimants’ application and awarded a sum of ₹17,71,000/- by fastening the liability upon the appellant/Insurance Company. 3 MAC No. 322 of 2020 5. Mr. Ghanshyam Patel, learned counsel for the appellant, would submit that the Claims Tribunal has wrongly deducted ¼ deduction towards the personal expenses of the which should be 1/3 in view of the fact that respondents No.4 & 5 herein have their own income and not depend upon the deceased. Therefore, the appeal deserves to be partly allowed. 6. A careful perusal of the written statement of the Insurance Company would show that no such plea has been taken by the Insurance Company in the written statement that respondents No.4 & 5 have their own income and are not dependent of the deceased and even no evidence has been led by the Insurance Company in this regard which has rightly been noticed by the Claims Tribunal. As such, I do not find any merit in the instant appeal, accordingly, the same is dismissed, without notice to the claimants and other respondents. No cost(s). 7. A copy of this order be sent to the claimants for necessary information and for obtaining the compensation if not already obtained. Sd/- (Sanjay K. Agrawal) Judge Ankit